Here’s an excellent posting from a “sister blog”, Susan Finder’s Supreme People’s Court Monitor, on developments in foreign-related cases in China. The blog points to legal reforms in process that could result in a more activist role of China’s judiciary in international affairs, including by participating in international norms setting, strengthening judicial cooperation with Hong Kong, Macau and Taiwan, and perfecting judicial assistance. The court also noted that it would also “vigorously” assert jurisdiction in international matters, (this was briefly discussed on this blog in the Huawei vs Interdigital case).
Judge Luo Dongchuan, chief judge of the number four civil tribunal, and a respected former IP judge, is cited by Susan Finder, as suggesting four areas of additional engagement by the courts:
- “Establishing an electronic platform for service of legal process outside of the jurisdiction (intended to mean Hong Kong, Macau, Taiwan, as well as foreign countries);
- Investigating and obtaining evidence …
- Determining foreign law, through establishing a database of experts (Chinese and foreign).
- Restricting parties to litigation from leaving China”
Clearly, international engagement by the courts is on the increase. Transnational IP could be greatly influenced by these developments.